[Freegis-list] Another threat to open source software due to patents

[Roger Longhorn]

 From Electronic Frontier Foundation news:

* Dangerous Patent Law Ruling Threatens Free and Open Source 
Software

EFF Asks Supreme Court to Protect Open Source Innovation 

San Francisco - The Electronic Frontier Foundation (EFF) has 
asked the United States Supreme Court to overturn a 
dangerous patent law ruling that could pose a serious threat 
to Free and Open Source Software projects.

In a recent decision, the Federal Circuit Court of Appeals 
affirmed its own "suggestion test" as the main method for 
determining when a patent should be found obvious over 
knowledge in the public domain. Under this test, even the 
most obvious incremental advances and add-ons can be 
patented unless the Patent Office or a defendant in court 
produces a document that shows someone else suggested it 
prior to the patent being filed.

"The Federal Circuit's suggestion test forces litigants to 
search through reams of technical papers for a document in 
which someone, somewhere, bothers to state the obvious," 
said EFF Staff Attorney Corynne McSherry, who co-authored 
the amicus brief. "This is inefficient and burdensome, and 
contrary to the principles, policies, and standards the 
Supreme Court has upheld."

In its amicus brief filed Tuesday, EFF shows how this 
"suggestion test" has led to a massive surge in bogus 
patenting, especially in software. These bad patents then 
become weapons against legitimate innovators -- especially 
those working on Free and Open Source Software projects.

"Free and Open Source Software projects have become an 
integral part of the software industry and our nation's 
economy," said EFF Staff Attorney Jason Schultz, a co-author 
of the brief. "They often lack the resources or formal 
documentation to fight against bogus patents under the 
suggestion test, so it is principally important that the 
Supreme Court set the appropriate standard to prevent the 
approval of bogus patents." 

The case, KSR International Co. v. Teleflex, Inc., and 
Technology Holding Co., is scheduled for oral argument in 
front the Supreme Court this fall.

For the full amicus brief:
<http://www.eff.org/legal/cases/KSR_v_Teleflex/ksr_amicus.pdf/>
 

<ends>
Roger Longhorn
ral at alum.mit.edu
For this release:
<http://www.eff.org/news/archives/2006_08.php#004881/>